THE PURPOSE of this Notice is to alert you about a Class Action Lawsuit (the “Lawsuit”) brought by health plans (“Class Plaintiffs”) that paid for certain generic prescription drugs purchased from CVS Pharmacy, Inc. (“CVS”). The Lawsuit asserts that CVS violated federal and state laws by, among other things, failing to report its Health Savings Pass (“HSP”) membership prices for generic drugs as its “Usual and Customary” (“U&C”) prices to certain pharmacy benefit managers (“PBMs”), including Defendant CaremarkPCS Health, L.L.C. (“Caremark”), which allegedly conspired with CVS. Class Plaintiffs contend that they were overcharged for the generic drugs included in the HSP program as a result of Defendants’ actions. Defendants have denied any wrongdoing.

The class action only applies to non-governmental health plans that, at any point between November 2008 and February 1, 2016 (the “Class Period”), used Caremark, Express Scripts, Medco, OptumRx, or MedImpact (or any of their predecessors) as their PBM and reimbursed that PBM for generic drug purchases from CVS based on a formula in their PBM contract that contained U&C prices. You are not a Class member if you: (1) never used any of these five PBMs during the Class Period; (2) are a governmental payer; (3) served on Caremark’s Client Advisory Committee; (4) have a corporate/affiliate relationship with one of the five PBMs; or (5) used OptumRX after January 29, 2015 (and did not use any of the five PBMs earlier in the Class Period) .

The Court has determined that the Lawsuit between Class Plaintiffs and Defendants can proceed as a class action because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. The classes (hereinafter, the “Classes”) include the following:

Nationwide Class. All health plans that, at any time between November 2008 and February 1, 2016, (1) had Caremark, Express Scripts, Medco, OptumRx, or MedImpact (or any of their predecessors) as their pharmacy benefit managers, (2) paid for generic prescription drugs purchased from CVS that were included in CVS’s Health Savings Pass program, and (3) paid for those drugs based on a formula containing Usual and Customary prices.

Unjust Enrichment Class. All health plans that, at any time between November 2008 and February 1, 2016, (1) had Caremark, Express Scripts, Medco, OptumRx, or MedImpact (or any of their predecessors) as their pharmacy benefit managers, (2) paid for generic prescription drugs purchased from CVS that were included in CVS’s Health Savings Pass program in Arkansas, Colorado, Connecticut, District of Columbia, Hawaii, Illinois, Indiana, Iowa, Missouri, New Mexico, New York, Oklahoma, and West Virginia, and (3) paid for those drugs based on a formula containing Usual and Customary prices.

Unfair and Deceptive Conduct Consumer Protection Class. All health plans that, at any time between November 2008 and February 1, 2016, (1) had Caremark, Express Scripts, Medco, OptumRx, or MedImpact (or any of their predecessors) as their pharmacy benefit managers, (2) paid for generic prescription drugs purchased from CVS that were included in CVS’s Health Savings Pass program in California, Florida, Illinois, Massachusetts, New York, and Washington, and (3) paid for those drugs based on a formula containing Usual and Customary prices.

Omissions Consumer Protection Class. All health plans that, at any time between November 2008 and February 1, 2016, (1) had Caremark, Express Scripts, Medco, OptumRx, or MedImpact (or any of their predecessors) as their pharmacy benefit managers, (2) paid for generic prescription drugs purchased from CVS that were included in CVS’s Health Savings Pass program in Illinois, Michigan, and Nevada, and (3) paid for those drugs based on a formula containing Usual and Customary prices.

Excluded from the Class(es) are: (1) any governmental payors, including Medicare and Medicaid; (2) any health plans that served on Caremark’s Client Advisory Committee since January 1, 2008; (3) any health plans that have had parent, subsidiary, or affiliate relationships with any pharmacy benefit manager at any time since January 1, 2008; and (4) health plans making payments processed by OptumRx after January 29, 2015. Also excluded from the Class(es) are CVS and its management, employees, subsidiaries, and affiliates.

Your legal rights are affected whether you act or do not act, so please read the Notice carefully.

THE PURPOSE of this Notice is to alert you about a Class Action Lawsuit (the “Lawsuit”) brought by health plans (“Class Plaintiffs”) that paid for certain generic prescription drugs purchased from CVS Pharmacy, Inc. (“CVS”). The Lawsuit asserts that CVS violated federal and state laws by, among other things, failing to report its Health Savings Pass (“HSP”) membership prices for generic drugs as its “Usual and Customary” (“U&C”) prices to certain pharmacy benefit managers (“PBMs”), including Defendant CaremarkPCS Health, L.L.C. (“Caremark”), which allegedly conspired with CVS. Class Plaintiffs contend that they were overcharged for the generic drugs included in the HSP program as a result of Defendants’ actions. Defendants have denied any wrongdoing.

The class action only applies to non-governmental health plans that, at any point between November 2008 and February 1, 2016 (the “Class Period”), used Caremark, Express Scripts, Medco, OptumRx, or MedImpact (or any of their predecessors) as their PBM and reimbursed that PBM for generic drug purchases from CVS based on a formula in their PBM contract that contained U&C prices. You are not a Class member if you: (1) never used any of these five PBMs during the Class Period; (2) are a governmental payer; (3) served on Caremark’s Client Advisory Committee; (4) have a corporate/affiliate relationship with one of the five PBMs; or (5) used OptumRX after January 29, 2015 (and did not use any of the five PBMs earlier in the Class Period) .

The Court has determined that the Lawsuit between Class Plaintiffs and Defendants can proceed as a class action because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. The classes (hereinafter, the “Classes”) include the following:

Nationwide Class. All health plans that, at any time between November 2008 and February 1, 2016, (1) had Caremark, Express Scripts, Medco, OptumRx, or MedImpact (or any of their predecessors) as their pharmacy benefit managers, (2) paid for generic prescription drugs purchased from CVS that were included in CVS’s Health Savings Pass program, and (3) paid for those drugs based on a formula containing Usual and Customary prices.

Unjust Enrichment Class. All health plans that, at any time between November 2008 and February 1, 2016, (1) had Caremark, Express Scripts, Medco, OptumRx, or MedImpact (or any of their predecessors) as their pharmacy benefit managers, (2) paid for generic prescription drugs purchased from CVS that were included in CVS’s Health Savings Pass program in Arkansas, Colorado, Connecticut, District of Columbia, Hawaii, Illinois, Indiana, Iowa, Missouri, New Mexico, New York, Oklahoma, and West Virginia, and (3) paid for those drugs based on a formula containing Usual and Customary prices.

Unfair and Deceptive Conduct Consumer Protection Class. All health plans that, at any time between November 2008 and February 1, 2016, (1) had Caremark, Express Scripts, Medco, OptumRx, or MedImpact (or any of their predecessors) as their pharmacy benefit managers, (2) paid for generic prescription drugs purchased from CVS that were included in CVS’s Health Savings Pass program in California, Florida, Illinois, Massachusetts, New York, and Washington, and (3) paid for those drugs based on a formula containing Usual and Customary prices.

Omissions Consumer Protection Class. All health plans that, at any time between November 2008 and February 1, 2016, (1) had Caremark, Express Scripts, Medco, OptumRx, or MedImpact (or any of their predecessors) as their pharmacy benefit managers, (2) paid for generic prescription drugs purchased from CVS that were included in CVS’s Health Savings Pass program in Illinois, Michigan, and Nevada, and (3) paid for those drugs based on a formula containing Usual and Customary prices.

Excluded from the Class(es) are: (1) any governmental payors, including Medicare and Medicaid; (2) any health plans that served on Caremark’s Client Advisory Committee since January 1, 2008; (3) any health plans that have had parent, subsidiary, or affiliate relationships with any pharmacy benefit manager at any time since January 1, 2008; and (4) health plans making payments processed by OptumRx after January 29, 2015. Also excluded from the Class(es) are CVS and its management, employees, subsidiaries, and affiliates.

Your legal rights are affected whether you act or do not act, so please read the Notice carefully.